When being sentenced, all defendants must receive credit for all time served in custody prior to sentencing
When you're getting sentenced in a criminal matter, you are entitled to receive credit for all time served in custody on that charge prior to sentencing. If the court failed to order that you receive credit for time served on your judgment sentence, then a PRP could be appropriate to get the court to apply the credit for time served that you're entitled to.
Fundamental fairness and the avoidance of discrimination and possible multiple punishment dictate that an accused person, unable to or precluded from posting bail or otherwise procuring his release from confinement prior to trial should, upon conviction and commitment to a state penal facility, be credited as against a maximum and a mandatory minimum term with all time served in detention prior to trial and sentence. Otherwise, such a person's total time in custody would exceed that of a defendant likewise sentenced but who had been able to obtain pretrial release. Readier v. Smith, 83 Wn.2d 342, 346, 517 P.2d 949 (1974). This refers to the constitutional guarantee that persons similarly situated with respect to a legitimate purpose of law receive like treatment. See State v. Harner, 153 Wn.2d 228, 235, 103 P.3d 738 (2004). As such, two sets of maximum and mandatory minimum terms would be erected, one for those unable to procure pretrial release from confinement and another for those fortunate enough to obtain such release. Aside from the potential implications of double jeopardy in such a situation (this refers to the aspect of double jeopardy prohibiting multiple punishments and arises from the possibility of serving more actual time in confinement than that provided by law. See State v. Noltie, 116 Wn.2d 831, 848, 809 P.2d 190 (1991)), it is clear that the principles of due process and equal protection of the law are breached without rational reason. Reanier, 83 Wn.2d at 346-47.
''The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.'' RCW 9.94A.505(6). Offenders are entitled to receive credit for all pretrial detention time served. State v. Speaks, 119 Wn.2d 204, 206, 829 P.2d 1096 (1992). Case law and constitutional mandates require that an offender receive credit for time served. Id; Reanier, 83 Wn.2d at 352-53. ''Failure to allow such credit violates due process, denies equal protections, and offends the prohibition against multiple punishments.'' PRP of Costello, 131 Wn.App. 269, 270-71, 679 P.2d 413 (1984). In Costello, the court stated that former RCW 9.94A.120(17)(currently codified as RCW 9.94A.505(6)) simply represents the codification of the constitutional requirement that an offender is entitled to credit for time served prior to sentencing. Costello, 131 Wn.App. at 271.
''[I]f a defendant is entitled to credit for time served the judgment must so state on its face, and the time must be credited against the maximum term.'' In re Phelan, 97 Wn.2d 590, 596, 647 P.2d 1026 (1982)(citing State v. Shannon, 60 Wn.2d 883, 890, 376 P.2d 646 (1962) and Lindsey v. Superior Court, 33 Wn.2d 94, 104, 204 P.2d 482 (1949)). When a trial court has erroneously failed to order credit for time served, the proper remedy is to vacate the sentence and remand to the trial court for re-sentencing. Phelan, 97 Wn.2d at 598; Speaks, 119 Wn.2d at 209. See also PRP of Carl, 93 Wn.2d 31, 33, 604 P.2d 1293 (1980)(if a trial court has erred in its sentencing of a petitioner, the appropriate procedure would be to return the petitioner to the trial court for re-sentencing).
If a defendant sat in jail for a few months prior to being sentenced, the law is quite clear: they're entitled by right to have all of that time credited to their sentence. If the sentencing court failed to give a defendant credit for time served, a PRP or a 7.8 Motion would be appropriate to have that time credited off the overall sentence.
